SD 12 

I . N78 "^"^ "" -^-— 

1891 IN THE MATTER 

Copy 1 



INQUIRY CONCERNING 



ADMINISTRATION OF THE LAWS 



IN EBLATION TO THE 



FOREST PRESERVE 



FOEEST COMMISSIOISr, ETC 



REPORT ADOPTED BY THE ASSEMBLY, APRIL 23, 1891. 



ALBANY: 

PRESS OF BRANDOW PRIIfTING COMPANY. 
1891. 



IN THE MATTER 



INQUIRY CONCERNING 



ADMINISTRATION OF THE LAWS 



IX RELATION TO THE 



FOREST PRESERVE 



Ll? 



FOEEST COMMISSIO]^, 



W:ih 



REPORT ADOPTED BY THE ASSEMBLY, APRIL 23, 1891. 



ALBANY: 

PRESS OF BRANDOW PRINTING COMPANY. 
1891. 



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V 



IN" THE MATTER OF THE INQUIRY CONCERNING THE 
ADMINISTRATION OF THE LAWS IN RELATION 
TO THE FOREST PRESERVE BY THE FOREST 
COMMISSION, ETC. 

To the Assemhly : 

The Assembly on January 21, 1891, adopted the following: 

'' Resolved, That the committee on public lands and forestry be 
and it is hereby authorized to undertake and prosecute, during the 
present session of the Assembly, a general inquiry concerning the 
administration of the laws in relation to the forest preserve by the 
forest commission, and to report what, if any, changes in the present 
laws are necessary to protect the forests belonging to the State, with 
power of itself or by any sub-committee of its own members which 
it may appoint, to summon witnesses and to examine them under 
oath, to send for and examine books and papers and hold meetings 
at such times and places as to such committee or sub-committee may 
seem requisite and proper, and the committee is hereby authorized 
to employ a stenographer." 

Pursuant to such resolution the committee on public lands and 
forestry respectfully reports that a large amount of testimony has 
been taken, extending over a considerable period of time and em- 
bracing an inquiry into the administration of the laws in relation to 
the forest commission, as well as what, if any, changes in the present 
laws are necessary to better protect the forests of the State and also 
as to the present condition of the Adirondack forests. 

Your committee has been attended during the investigation by 
C. D. Adams, Esq., its counsel, while the forest commission have 
been represented by J. Newton Fiero, R. P. Anibal, and Albert 
Hessberg, Esqs. 

The members of the forest commission have attended in person 
and have afforded every facility for the'examination of their books, 
papers and employees. 

The law by which the forest commission w^as established and its 
powers and duties mostly defined is chapter 283, Laws of 1885. In 
September of that year, Messrs. Townsend Cox, Sherman W. Knevals 
and Theodore B. Basselin, were appointed forest commissioners. 



-4 

Shortly thereafter they organized by the election of Commissioner 
Cox as president, which position he has continued to hold. Upon 
the expiration of the term of Commissioner Basselin, in 1888, he 
was reappointed for a full term of six years. 

In May, 1886, the organization of the commission, as provided by 
law, being completed, there were received from the State Comptroller 
about 715,000 acres of land, of which more than 50,000 were in the 
Catskill region. This latter tract has since been increased by the 
action of Delaware and Ulster counties, until at the present time 
the State owns there a compact body of nearly 80,000 acres. The 
forest preserve outside of the Catskills has also since been increased 
by the addition of lands in Oneida county, nearly 5,000 acres, and 
through the Comptroller's office by tax sales upwards of 60,000 acres, 
until at present the total of State lands in the sixteen counties within 
whose limits are all of the lands of the forest preserve, is 796,416 
acres. 

A concurrent resolution of the Legislature of 1890, by which the 
commission was directed to consider the then recent message of the 
Governor in relation to the establishment of a State park in the 
Adirondacks, and to report to the Legislature the most effective 
methods to accomplish that end, imposed still another important 
duty upon the forest commission. 

From the testimony and explanations given before your committee 
by the members of the forest commission and Assistant Warden 
Fox, who drew the boundaries as reported, the proposed Adirondack 
park, on wliich it was directed to report, has received intelligent 
consideration by the commission, and the recommendations contained 
in its special report of January, 1891, to the Legislature, as to the 
size and location of the proposed park, and as to the methods of 
acquiring the lands within its boundaries, are the result of much 
careful deliberation, and cannot and should not be disregarded. 

The act creating the forest commission has been amended from 
time to time, and by chapter 475 of the Laws of 1887, known as the 
Hadley bill, further discretionary power was given to the commission 
in reference to its rights to recommend exchanges of lands without 
the probable Adirondack park for lands within such area as was 
likely to be set apart for park purposes. 

IS^othing was done under this act except as hereinafter stated, in 
as much as the commission deemed it inadvisable to act for some 
time until the park lines were actually fixed and established. 

Subsequently the commission deeming the establishment of a park 



of great importance to the State, and the commission having arrived 
at a tacit understanding that the heart of the wilderness would most 
assuredly be included in the boundaries to be fixed so as to inchide 
and protect the headwaters of the rivers leading out of the great 
Adirondack forests, they determined to act upon the only application 
under the Pladley act that was made to the commission in proper 
form and was in compliance with such law, and they made a recom- 
mendation to exchange 12,000 acres of State lands to receive there- 
for at least 26,000 acres of private lands. The 12,000 acres being 
outside of the proposed park lines and the 26,000 acres being located 
in the center of the Adirondack forest. 

Several other applications for exchange were made, which, how- 
ever, were not accompanied by the consent to pay expenses of the 
application under the law, and consequently were not acted upon. 

In 1890 the forest commission was also, with the approval and 
concurrence of the commissioners of the land office, authorized and 
empowered to purchase lands so located within such counties as 
include the forest preserve that shall be available for the purposes of 
the State park, at a price not to exceed one dollar and fifty cents per 
acre. No lands have as yet been purchased under this resolution, 
although several offers are before the commissioners, by reason of 
the fact that no offers were made until the fall of 1890, since which 
time no opportunity has been given for the thorough examination 
of the lands, nor have the limits of the proposed park been lixed. 

The principal matters to which the attention of the forest com- 
mission has necessarily been directed has been the checking of tres- 
passes on State lands in the Adirondack region and the prevention 
of forest fires in that locality, both of which have been as appears by 
the reports of the special commission appointed under the Laws of 
1886, sources of great danger to the lands of the State. 

At the time of the organization of the forest commission forest 
fires were numerous, and trespassing was carried on to a very large 
extent, there being no organized system for either the prevention of 
trespasses or putting out fires. The testimony taken shows that the 
commission has been diligent in the way of following up and prose- 
cuting trespasses upon State lands and has been successful in sub- 
stantially breaking up that practice which is now carried on only to 
a very limited extent. They have also organized methods for the 
prevention and putting out of forest fires which have resulted in a 
very great decrease in extent of injury done thereby. 

This committee is of the opinion that nothing has been shown 



upon this investigation to in any wise affect the honesty or integrity 
of any member of the forest commission, and that the work of the 
commission has been discharged in a careful, intelligent and efficient 
manner. 

The committee also recommends, under the authority to report, 
what if any changes in the present laws are necessary to protect the 
forests belonging to the State, the following legislation for the rea- 
sons stated under each recommendation : 

First. An amendment to section 30 of chapter 283, Laws of 
1885, establishing the forest commission and defining its powers and 
duties, which shall provide sufficient penalties for the violation of 
rules, which shall be made by the commission for the prevention and 
suppression of forest fires. As that act now stands the forest com- 
mission is authorized to make rules, but has no authority whatever 
to enforce them, nor is there any power lodged anywhere for that 
purpose. It is necessary such rule should be made and enforced and 
authority should be given for such enforcement. 

Second. A modei'ate sum should be provided for the purpose of 
experiment, under the direction of the forest commission, with ref- 
erence to the replanting of denuded lands, which have been either 
exhausted by cultivation, eroded by torrents, or injured by fire. A 
period of some fifteen years is necessary between the planting of 
trees and the obtaining of a sufficient growth for any practical pur- 
pose whatever, A considerable quantity of lands in the Adirondack 
region are denuded lands ; it is an important question as to whether or 
not by a system of replanting they can be made of value to the State. 
The experiment should be commenced at as early a day as possible 
in order that it may be ascertained whether it is possible to bring 
back these denuded lands to their original condition as forests. 

Third. That the compensation of firewardens be made a county 
instead of a town charge, and that the accounts be audited by the 
board of supervisors of the respective counties where the services are 
rendered. This seems only just, in view of the fact that in some of 
the towns of the Adirondack region the forest lands constitute the 
larger part of the taxable property within their limits. It seems an 
unreasonable burden that the town should be obliged to bear the 
expense of protecting these forests from fires through the action of 
the firewardens. When the benefit to be derived will inure to the 
entire community, the county would seem to be the proper authority 
to bear this expense. 

Fourth. This committee further recommends that chapter 283, 



Laws of 1885, be further amended so as to provide that the forest 
commission shall report annually to the Legislature a detailed state- 
ment of its receipts from all sources and its disbursements in every 
direction. This statement is now made through the Comptroller's 
office to the Legislature, but in view of the fact that moneys are 
received for trespasses directly by the commission, it would seem 
better that the commission itself should also report directly to the 
Legislature the whole amount of the moneys received and disbursed. 
All of which is respectfully submitted. 

H. J. LANE. 

GALEN K. HITT. 

GEOKGE W. DICKINSON. 

W. L. BKOWN. 

W. C. GIFFORD. 

Adopted by the Assembly, April 23, 1891. 



LIBRARY OF CONGRESS 



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